Sol_89503020QWA000054.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CSO

PO BOX 281213

CORPORATE SERVICES OFFICE

US DOE/WESTERN AREA POWER

WAPA (CSO)

CSO-RECEIVING CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR895030

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/27/2020 1400 MT

03/19/2020

720-962-7153Diana Weiss (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

89503020QWA000054

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 46 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

LAKEWOOD CO 80228-8213

TELEPHONE NO.

17a. CONTRACTOR/

LAKEWOOD CO 80228-2802

12155 W. ALAMEDA PARKWAY

RECEIVING DOCK

US DOE/WESTERN AREA POWER

WAPA (CSO)

15. DELIVER TO

Lakewood CO 80228 12155 W. Alameda Parkway US DOE/Western Area Power

WAPA

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Western Corporate Services Office

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

WAPA and TIP have a requirement for a consultant service to develop a finance model and credit risk analysis for future borrowing authority decisions. This will include reassessments of new loans against TIP outstanding and forecasted loans to asses against portfolio level risks and opportunities. The consultant will develop robust financial models in MS Excel that will contain business proprietary and confidential information on cost of capital, interest rates, and specific project costs that will be reviewed with a

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

David A. Halla 03/19/2020

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Signature on File

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

project credit review team of federal employees and external consultants defined in the TIP

Program Management process and procedures.

This requirement is 100% set-aside for small business. The Government intends to award to the responsible small business contractor whose quote is determined to be the best value to the

Government based upon technical approach, past performance, and price related factors. It is anticipated the resulting acquisition vehicle will be a single award Blanket Purchase Agreement with a one (1) year base period and up to four

(4) option years, however the Government reserves the right to make any number of awards if it is in the Government’s best interest. The anticipated ceiling amount is $150,000.00 over the potential maximum five (5) year ordering period. Orders against the BPA will be awarded on a Firm-Fixed-Price (FFP) or Time-and-Material

(T&M) basis. The solicitation, a detailed performance work statement, and any other supporting information relating to this procurement will only be available in electronic format, located on the Federal Business

Opportunities (FBO) website (www.fbo.gov).

00001 Labor (Estimated)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

89503020QWA000054

Firm-Fixed-Price / Time & Material CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

00002 Travel - Not-to-Exceed (NTE)

Direct Reimbursable CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

10001 Labor (Estimated)

Firm-Fixed-Price / Time & Material CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

10002 Travel - Not-to-Exceed (NTE)

Direct Reimbursable CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

20001 Labor (Estimated)

Firm-Fixed-Price / Time & Material CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

20002 Travel - Not-to-Exceed (NTE)

Direct Reimbursable CLIN

* Unit prices based upon the Labor Rate Pricing

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

89503020QWA000054

Sheet submitted with the Contractor’s quote.

(Option Line Item)

30001 Labor (Estimated)

Firm-Fixed-Price / Time & Material CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

30002 Travel - Not-to-Exceed (NTE)

Direct Reimbursable CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

40001 Labor (Estimated)

Firm-Fixed-Price / Time & Material CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

40002 Travel - Not-to-Exceed (NTE)

Direct Reimbursable CLIN

* Unit prices based upon the Labor Rate Pricing

Sheet submitted with the Contractor’s quote.

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

89503020QWA000054

Section 1 - Supplies or Services/Prices

1.1 General Description

1.2 Supplies/Services & Contract Line Items (CLINs)

1.3 Applicable North American Industry Classification System (NAICS)/Standard Industrial Classification (SIC) Code and Small Business Size Standards Section 2 – Description/Specifications DOE-C-2002 Performance Work Statement Section 3 - Packaging and Marking DOE-D-2001 Packaging and Marking Section 4 - Inspection and Acceptance DOE-E-2001 Inspection and Acceptance Section 5 - Deliveries or Performance DOE-F-2002 Place of Performance – Services DOE-F-2003 Period of Performance – Alternate I (OCT 2014) Section 6- Contract Administration Data DOE-G-2001 Contracting Officer Authority DOE-G-2002 Contracting Officer’s Representative DOE-G-2003 Contractor’s Program Manager DOE-G-2007 Contractor Performance Assessment Reporting DOE-G-2008 Non-Supervision of Contractor Employees WES-L-2004 Contractor’s Contract Administration (WAPA, FEB 2008) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Section 7 - Special Contract Requirements DOE-H-2013 Consecutive Numbering DOE-H-2029 Position Qualifications DOE-H-2033 Alternative Dispute Resolution DOE-H-2076 Lobbying Restrictions WES-H-2004 Reimbursement for Contractor Travel (WAPA, MAY 2018) WES-H-2005 Use of Government Property by Contractor Employees (WAPA, MAY 2018) 13 WES-H-2011 Foreign Visitors and Contract Employees (WAPA, MAY 2018) WES-H-2012 Security Processing For Service Contractors and Subcontractor Personnel Working On A Western Area Power Administration Site (WAPA, MAY 2018) WES-H-2013 Safety and Health - Minimal Risk (WAPA, MAY 2018) WES-H-2016 Employee Clearance Procedures (WAPA, FEB 2008) WES-H-2017 Confidentiality of Information (WAPA, JUL 2009) WES-H-2018 Contractor Employee Conflict Of Interest and Nondisclosure Agreements (WAPA, FEB 2008) Section 8 - Contract Clauses

8.1 Federal Acquisition Regulation (FAR) Clauses by reference:

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 Contract Terms and Conditions—Commercial Items - Alternate I (Jan 2017) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

8.2 Federal Acquisition Regulation (FAR) Clauses in full text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JAN 2020) FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

8.3 Department of Energy Acquisition Regulation (DEAR) Clauses Full Text:

DEAR 952.203-70 Whistleblower Protection for Contractor Employees (DEC 2000)

DEAR 952.204-77 Computer Security (AUG 2006) DEAR 952.208-70 Printing (APR 1984) DEAR 952.242-70 Technical Direction (DEC 2000) Section 9 - List of Documents, Exhibits and Other Attachments

9.1 DOE-J-2001 List of Attachments

Section 10 - Representations, Certifications, and Other Statements Of Bidders FAR 52.209-5 Certification Regarding a felony conviction under any federal law or an unpaid federal tax liability

(FOR FY 2014 AND SUBSEQUENT YEARS) (MAY 2014) DEVATION

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (OCT 2018) Section 11 - Instructions, Conditions and Notices To Bidders

11.1 Provisions

FAR 52.212-1 Instructions to Offerors—Commercial Items (OCT 2018) Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items FAR 52.216-1 Type of Contract. (APR 1984) FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

DEAR 952.209-8 Organizational Conflicts of Interest-Disclosure (JUN 1997) DOE-L-2016 Number of Awards DOE-L-2017 Expenses Related To Offeror Submissions (OCT 2015) DOE-L-2021 Guidance for Prospective Offerors – Impact of Teaming Arrangements on Small Business Status

(OCT 2015)

DOE-L-2022 Alternate Bid/Proposal Information – None (OCT 2015) DOE-L-2026 Service of Protest (OCT 2015) DOE-L-2027 Notice of Protest File Availability (OCT 2015) DOE-L-2028 Agency Protest Review (OCT 2015)

11.2 General Instructions

11.3 Quote Preparation Instructions: Volume 1—Quote and Other Documents

11.4 Quote Preparation Instructions: Volume II—Technical Information

11.5 Quote Preparation Instructions: Volume III – Price Quote Instructions

11.6 Intention to Award without Negotiations

Section 12 - Evaluation Factors for Award

12.1 Evaluation Factors for Award

12.2 Evaluation Rating Scheme for Factor 1

12.3 Evaluation Rating Scheme for Factor 2 - Past Performance

Section 1 - Supplies or Services/Prices

1.1 General Description

The Contractor shall perform the work and provide the deliverables required in this Blanket Purchase Agreement on a firm-fixed-price basis or time & material basis as outlined in each individual order. Travel shall be reimbursed on a direct cost basis. The Contractor shall furnish all personnel, services, travel, and otherwise do all things necessary for, or incidental to, providing the specialized financial analysis and support services provided in the Performance Work Statement (PWS).

1.2 Supplies/Services & Contract Line Items (CLINs)

NOTE: For the RFQ, the unit and total prices for Labor for all periods are blank with asterisks * at this point and will be completed at time of award with Contractor’s negotiated Quote using Attachment 2 – Labor Rate Pricing Sheet.

The Government is contemplating award of a single priced BPA in accordance with Federal Acquisition Regulation (FAR) Part 13.303 with an overall period of performance of up to five (5) years in accordance with FAR 13.303-7.

The Government shall issue BPA orders on a Firm Fixed Price (FFP) basis or Time & Material (T&M) basis.

The estimated ceiling for the BPA is $150,000.00 over the maximum five (5) year BPA period.

Orders will be placed as needs arise and funding is available. WAPA is unable to predict the frequency with which Orders will be placed under the BPA, but most will be in accordance with the anticipated schedule above. Purchases under this BPA shall be made in accordance with FAR 13.303-5.

The supplier(s) shall furnish services as described in the Performance Work Statement if and when requested by the Contracting Officer during a specified period and within the amount specified per each order.

The BPA will be for a maximum period of five (5) years. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

The purchase limitation for each individual purchases made under the resultant BPA shall be $150,000.00.

Only the following individuals are authorized to make purchases under the resultant BPA(s):

Any Western Area Power Administration Warranted Contracting Officer

Schedule of Contract Line Items (CLINS)

CLIN Description Unit Quantity Unit Price Total Base Period

00001 Labor (Estimated) Dollars * 00002 Travel - Not -to-Exceed (NTE) $TBD

Total Price Base Period * Option Period 1

10001 Labor (Estimated) Dollars * 10002 Travel - Not -to-Exceed (NTE) $TBD

Total Price Option Period 1 * Option Period 2

20001 Labor (Estimated) Dollars * 20002 Travel - Not -to-Exceed (NTE) $TBD

Total Price Option Period 2 *

Option Period 3 30001 Labor (Estimated) Dollars * 30002 Travel - Not -to-Exceed (NTE) $TBD

Total Price Option Period 3 *

Option Period 4 40001 Labor (Estimated) Dollars 12 * 40002 Travel - Not -to-Exceed (NTE) $TBD

Total Price Option Period 4 * Total Price All Periods $150,000.00

CLINs 00001, 10001, 20001, 30001, and 40001 are Firm-Fixed-Price / Time & Material CLINs.

CLINs 00002, 10002, 20002, 30002, 40002 are Direct Reimbursable CLINs

* Unit prices based upon the Labor Rate Pricing Sheet submitted with the Contractor’s quote.

1.3 Applicable North American Industry Classification System (NAICS)/Standard Industrial Classification (SIC) Code and Small Business Size Standards

The applicable NAICS code for this BPA is 541611 – Administrative Management and General Management Consulting Services. The size standard for NAICS code 541611 is $15.0 million.

Section 2 – Description/Specifications

DOE-C-2002 Performance Work Statement

Attachment 1 – TIP Financial Advisor Service Performance Work Statement

(End of Clause)

Section 3 - Packaging and Marking

DOE-D-2001 Packaging and Marking

(a) Preservation, packaging and packing for shipment or mailing of all work delivered hereunder shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rate(s), including electronic means.

(b) Each package, report or other deliverable shall be accompanied by a letter or other document which –

(1) Identifies the contract by number pursuant to which the item is being delivered;

(2) Identifies the deliverable item number or report requirement which requires the delivered item; and

(3) Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(c) For any package, report, or other deliverable being delivered to a party other than the Contracting Officer, a copy of the document required by paragraph (b) shall be simultaneously delivered to the office administering this contract, as identified in Section 6 of the contract, or if none, to the Contracting Officer.

(End of Clause)

Section 4 - Inspection and Acceptance

DOE-E-2001 Inspection and Acceptance

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled FAR 52.212-4 Contract Terms and Conditions – Commercial Items. If the

Contracting Officer assigns this responsibility to the Contracting Officer’s Representative or another representative of the Government, the Contracting Officer shall notify the Contractor in writing.

(End of Clause)

Section 5 - Deliveries or Performance

DOE-F-2002 Place of Performance – Services

The services specified by this contract shall be performed at the following location(s):

Western Area Power Administration Headquarters (HQ) 12155 W. Alameda Parkway Lakewood, CO 80228-2802

Note: Services at other regional WAPA offices may be required during the period of performance of this contract.

Specific locations for the required services will be specified in each individual task order.

(End of Clause)

DOE-F-2003 Period of Performance – Alternate I (OCT 2014)

(a) The Contractor shall commence performance of this BPA in accordance with contract terms and conditions on 15 April 2020 through 14 April 2025.

Base Year: 15 April 2020 through 14 April 2021 Option Year 1: 15 April 2021 through 14 April 2022 Option Year 2: 15 April 2022 through 14 April 2023 Option Year 3: 15 April 2023 through 14 April 2024 Option Year 4: 15 April 2024 through 14 April 2025

*The dates provided above are estimates for the purposes of this RFQ

(b) The period of performance of this contract may be extended pursuant to unilateral options or other clauses that provide for the extension of the BPA. In the event that the Government elects to exercise its right pursuant to such option(s) or other clauses, the period of performance shall be revised to reflect such extensions.

(End of Clause)

Section 6- Contract Administration Data

DOE-G-2001 Contracting Officer Authority

The Contracting Officer is responsible for administration of the Order. The Contracting Officer may appoint a Contracting Officer’s Representative (COR), in accordance with the clause entitled Contracting Officer’s Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the Order:

(a) Assign additional work within the general scope of the Order.

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the contract.

(d) Change any of the terms, conditions, specifications, or services required by the Order.

(e) Accept non-conforming work.

(f) Waive any requirement of the Order.

(End of Clause)

DOE-G-2002 Contracting Officer’s Representative

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the Contracting Officer shall designate in writing a Contracting Officer’s Representative (COR) for this Order, and provide a copy of such designation to the Contractor, including the delegated responsibilities and functions. The COR does not have authority to perform those functions reserved exclusively for the Contracting Officer.

(End of Clause)

DOE-G-2003 Contractor’s Program Manager

(a) The Contractor shall designate a Program Manager who will be the Contractor's authorized supervisor for technical and administrative performance of all work hereunder. The Program Manager shall be the primary point of contact between the Contractor and the Contracting Officer's Representative (COR) under this contract.

(b) The Program Manager shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the contract.

(End of Clause)

DOE-G-2007 Contractor Performance Assessment Reporting

(a) The Contracting Officer will document the Contractor’s performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as “Source Selection Information.” Performance assessments entered into CPARS by the Contracting Officer are transmitted to the Past Performance Information Retrieval System (PPIRS) which is maintained by the Department of Defense (DoD). Information in PPIRS is available to authorized Government personnel seeking past performance information when evaluating quotes for award.

(b) Contractor performance will be evaluated at least annually at the contract or task order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government’s discretion: (1) quality, (2) schedule, (3) business relations, (4) business management/key personnel, and (5) cost/price. PPIRS information is available at http://www.ppirs.gov, and CPARS information is available at http://www.cpars.gov. It is recommended that the Contractor take the overview training that can be found on the CPARS website. The Contractor shall acknowledge receipt of the Government’s request for comments on CPARS assessments at the time it is received and shall respond to such requests within thirty (30) calendar days of the request.

(c) Joint Ventures. Performance assessments shall be prepared on contracts with joint ventures. When the joint venture has a unique Commercial and Government Entity (CAGE) code and Data Universal Numbering System (DUNS) number, a single assessment will be prepared for the joint venture using its CAGE code and DUNS number. If the joint venture does not have a unique CAGE code and DUNS number, separate assessments, containing identical narrative, will be prepared for each participating Contractor and will state that the evaluation is based on performance under a joint venture and will identify the Contractors that were part of the joint venture.

(d) In addition to the performance assessments addressed above, the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract.

(End of Clause)

DOE-G-2008 Non-Supervision of Contractor Employees

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

WES-L-2004 Contractor’s Contract Administration (WAPA, FEB 2008)

The name, title, phone number, office name, and complete mailing address of the Contractor's point of contact for contract administration, including defective or improper invoices, is as follows:

Name: ________________________________ Title: _________________________________

Phone Number: _________________________ E-mail address: _________________________

Company Name: ________________________ Fax Number: ___________________________

Address: _______________________________ City/State/Zip: ___________________________

(End of Clause) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

In accordance with Office of Management and Budget Memorandum M-15-19, effective April 1, 2018, all payment requests must be submitted electronically. Western Area Power Administration (WAPA) has selected the U. S.

Department of the Treasury's Invoice Processing Platform System (IPP) as its electronic processing platform.

"Payment request" means any Contractor request for contract financing payment or invoice payment. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the Contractor shall upload relevant back-up documentation as an attachment to the electronic invoice when requesting payment through IPP.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Accounts Receivable (AR) Point of Contact as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(End of Clause)

Section 7 - Special Contract Requirements

DOE-H-2013 Consecutive Numbering

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

(End of Clause)

DOE-H-2029 Position Qualifications

The Contractor shall provide personnel for the performance of this contract, whether employees of the Contractor or employees of a subcontractor, which satisfy as a minimum the applicable labor category qualifications, except as the Contracting Officer may otherwise authorize.

https://www.ipp.gov/

DOE-H-2033 Alternative Dispute Resolution

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements.

Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes.

The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision, but will assist the parties in reaching a mutually satisfactory agreement.

Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor. A voluntary election by both parties is required to participate in the ADR process. The parties must agree on the procedures and terms of the process, and officials of both parties who have the authority to resolve the issue must participate in the agreed upon process.

(d) ADR procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy. If a claim has been submitted by the Contractor, ADR procedures may be applied to all or a portion of the claim. If ADR procedures are used subsequent to issuance of a Contracting Officer’s final decision under the clause at FAR 52.233-1, Disputes, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the Contracting Officer’s final decision and does not constitute reconsideration of the final decision.

(e) If the Contracting Officer rejects the Contractor’s request for ADR proceedings, the Contracting Officer shall provide the Contractor with a written explanation of the specific reasons the ADR process is not appropriate for the resolution of the dispute. If the Contractor rejects the Contracting Officer’s request to use ADR procedures, the Contractor shall provide the Contracting Officer with the reasons for rejecting the request.

(End of Clause)

DOE-H-2076 Lobbying Restrictions

The Contractor agrees that none of the funds obligated on this award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

(End of Clause)

WES-H-2004 Reimbursement for Contractor Travel (WAPA, MAY 2018)

(a) Costs incurred by contractor personnel for travel, lodging, other subsistence, and incidental expenses shall be considered to be reasonable and allowable, IAW FAR PART 31, if they do not exceed the current rates and amounts that are set for Government employees in the Federal Travel Regulation (FTR), which can be accessed at the following GSA Internet web site (URL): http://www.gsa.gov/portal/content/104790.

(b) The contractor will be reimbursed by the Government for travel and per diem expenses only when the travel is specifically authorized in advance by the Contracting Officer.

(c) Reimbursement for travel costs shall be limited to the direct costs of travel and per diem expenses incurred by the contractor. The contractor must provide a certification that all travel expenses being reimbursed were paid to their employee and that the travel was at the direction of the Contracting Officer. Receipts for airfare, lodging, car rentals, and any incidental expenses must be submitted with the request for reimbursement."

(End of Clause)

WES-H-2005 Use of Government Property by Contractor Employees (WAPA, MAY 2018)

(a) The Government will provide the necessary facilities, equipment, and supplies required for the performance of this contract, when performance is on a government site.

(b) The Contractor is not authorized to furnish any equipment (including office equipment), furniture, fixtures, or other personal property items for use in the performance of this contract, when on a government site, without prior, written approval from the Contracting Officer.

(c) The Contractor shall follow all Government laws, regulations, and Western's local procedures regarding the care and use of Government property.

(d) Government property shall be used for official Government business only.

(e) The Contractor shall establish and enforce procedures to prevent loss or misuse of Government property by its employees. The contractor shall immediately notify the Government Property Manager if any supplied property is moved or transferred from its original location, or whenever any loss or damage occurs to the property.

(f) Government property provided for the contractor's use may be inventoried at any time on an unannounced basis by authorized Government personnel.

(g) The Contractor may be held liable for misuse, damage or loss of Government property caused by contractor employees and may be required to reimburse the Government for such loss or damage.

(h) Upon completion of the contract, the Government shall require an inventory of all property furnished for the contractor's use to verify that all items are still on site and in working condition.

(End of Clause)

WES-H-2011 Foreign Visitors and Contract Employees (WAPA, MAY 2018)

The Contractor must receive prior, written approval from WAPA’S Personnel Security Office before any non-U.S. Citizens (Foreign Nationals) visit or work at any Western Area Power Administration (WAPA) facility.

WAPA’s Personnel Security Office will verify that:

(1) Each of the contractors working under this contract that may visit or be assigned to work at any WAPA facility is a U.S. Citizen, or;

(2) The Contractor shall provide an accurately completed Foreign National Data Card, WAPA Form 3000-72, Attached to the WAPA’s Standard Operating Procedures (SOP), found at https://www.wapa.gov/DoingBusiness/SellingToWestern/Pages/what-western-buys.aspx, for each of their Foreign National employees that may visit or work at any WAPA facility. The Contractor shall forward the completed form to the COR at least 45 days in advance of each Foreign National employee's visit or their beginning work. Foreign National employees shall not be allowed on-site at any WAPA facility without prior approval of the cognizant WAPA Personnel Security Office. Circumstances which do not allow a 45 day notification require prior, written approval of the cognizant WAPA Personnel Security Office. The Contractor shall include this requirement in any subcontract it issues under this contract. WAPA reserves the right to remove any contract employee from WAPA’s property pending the conclusion of the Foreign National background check.

(End of Clause)

WES-H-2012 Security Processing For Service Contractors and Subcontractor Personnel Working On A Western Area Power Administration Site (WAPA, MAY 2018)

(a) The performance of this contract requires that employees of the Contractor, and in some cases a Subcontractor, have access to WAPA owned or leased facilities. The Contractor shall adhere to WAPA’s prescribed process for granting access to Contractor and Subcontractor personnel. WAPA’s processes are detailed in the Contractor Background Investigations Standard Operating Procedures (SOP), located at:

https://www.wapa.gov/DoingBusiness/SellingToWestern/Pages/what-western-buys.aspx

(b) The Contractor shall propose employees and Subcontractor employees whose background meets the requirements defined in the SOP.

(c) Contractor understands and agrees that WAPA may unilaterally deny a security badge and/or access to an individual employee and that the denial remains effective for that employee unless WAPA subsequently determines that access may be granted. Upon notice from WAPA that an employee’s application for a security badge is or will be denied, the Contractor shall promptly submit the forms as required by the SOP for the substitute employee. The denial of a security badge or access to an individual employee shall not be cause for extension of the period of performance of a Contract or the grounds for any contractor claim against WAPA. Probationary employment may commence prior to completion of the security investigation(s), however, continued employment will be subject to receipt of a successful adjudication. In the case of unfavorable adjudications, access of contractor/subcontractor employees is subject to the discretion of WAPA’s adjudicator.

(d) The Contractor shall return to the Contracting Officer or designee the badge(s) or other credential(s) provided by WAPA in accordance with the SOP.

(End of Clause)

WES-H-2013 Safety and Health - Minimal Risk (WAPA, MAY 2018)

In performing the work required by this contract, the Contractor shall comply with all applicable Federal, State, or local safety, health, or industrial safety codes including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration; Safety and Health Standards 29 CFR 1910, 29 CFR 1925; and the Construction Safety and Health regulations promulgated under Section 107 of the Contract Work Hours and Safety Standards Act, 29 CFR 1926. If there is a conflict between the requirements of the applicable Federal, State, or local safety, health, or industrial safety codes, the more stringent requirements shall prevail. Prior to the performance of work involving the use of cranes, a copy of the crane inspection records, operators and riggers certifications, and completed on-site crane load test form shall be furnished to WAPA’s on-site representative. The United States is liable only for negligence on the part of its employees in accordance with the Federal Tort Claims Act, as amended.

(End of Clause)

WES-H-2016 Employee Clearance Procedures (WAPA, FEB 2008)

(a) Within 30 days after contract award, the Contractor shall establish employee clearance procedures that are applicable to all contractor employees working under this contract to ensure that all Government property, keys, identification badges, and other similar items are recovered whenever an employee resigns or otherwise leaves employment under this Contract. These clearance procedures must be approved by the Contracting Officer or the Contracting Officer's Representative (COR), if one has been appointed.

(b) A WAYS (Western At Your Service) off boarding work flow process shall be used to document completion of all clearance actions and shall be made available for the CO/COR's review upon his or her request.

(End of Clause)

WES-H-2017 Confidentiality of Information (WAPA, JUL 2009)

a. Performance of work under this contract may result in the Contractor having access to confidential information via written or electronic documents or by virtue of having access to Western's electronic business systems. This confidential information may include some or all of the following information: personally identifiable information (such as social security account numbers), and/or proprietary business, technical, or financial information belonging to the Government or other companies or organizations doing business with the Government. The Contractor shall treat this information as confidential and agrees not to use this information for its own purposes or to disclose the information to third parties unless specifically authorized to do so in writing by the Contracting Officer.

b. The foregoing restrictions, however, do not apply to:

(1) Information which, at the time of receipt by the Contractor, is in the public domain;

(2) Information which subsequently becomes part of the public domain through no fault or action of the

Contractor;

(3) Information which the Contractor can demonstrate was previously in its possession and was not acquired directly or indirectly as a result of access obtained for performing work under this contract;

(4) Information which the Contractor can demonstrate was received from a third party who did not require the

Contractor to hold it in confidence.

(5) Information which is subject to release under applicable law.

c. The Contractor shall obtain a written agreement from each of its employees who are granted access to confidential data that the employee agrees that he or she will not discuss, divulge, or disclose any such information or data to any person or entity except those persons within the Contractor's organization directly concerned with the performance of the contract. The agreement shall be in a form satisfactory to the Contracting Officer.

d. Upon request of the Contracting Officer, the Contractor agrees to execute an agreement that includes all material aspects of this clause, subject to the approval of the Contracting Officer, with any party whose facilities or proprietary data it is given access to that restrict use and disclosure of the data or information obtained in those the facilities. A copy of the agreement shall be provided to the Contracting Officer.

e. Upon request of the Contracting Officer, the Contractor shall supply the Government with reports itemizing the confidential or proprietary information it receives under this contract and identify the source (company or companies) of the information.

f. The contractor agrees to flow down this clause to all subcontracts under this contract.

(End of Clause)

WES-H-2018 Contractor Employee Conflict Of Interest and Nondisclosure Agreements (WAPA, FEB 2008)

The Contractor is required to obtain the following "Nondisclosure and Employee Conflict of Interest" statements from all support service personnel employed under this effort.

"NONDISCLOSURE AND EMPLOYEE CONFLICT OF INTEREST"

NON-DISCLOSURE: I, (employee's name), hereby agree as a condition of employment, and in certain cases under penalty of law, that I will not, unless authorized, disclose to the public or any unauthorized government employees, any oral or written information which was obtained in the performance of this contract with the U.S.

Department of Energy. This agreement applies to classified and unclassified information and materials relating to all aspects of contractual performance.

CONFLICT OF INTEREST: I, (employee's name), hereby agree as a condition of employment, to report to my immediate supervisor any actual or apparent conflict of interest during my term of employment with regards to contractual support for the U.S. Department of Energy. This reporting applies to financial or employment interests in subcontractors, or potential subcontractors to the prime support contract, employment or financial relationships with prime or subcontractors doing business with the Western Area Power Administration of the U.S. Department of Energy, or any present or future personal or business relationships with government employees who are employed within the Western Area Power Administration or other DOE activity. This information will be supplied to the Western Contracting Officer or his contract representative upon request or upon the identification of an actual or apparent conflict of interest. The disclosures will be made on a continuing basis and reaffirmed in writing at least annually.

(End of Clause)

Section 8 - Contract Clauses

8.1 Federal Acquisition Regulation (FAR) Clauses by reference:

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-4 Contract Terms and Conditions—Commercial Items - Alternate I (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

8.2 Federal Acquisition Regulation (FAR) Clauses in full text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved) [ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved) [ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved) [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (NOV 2016) of 52.219-9.

[ ] (v) Alternate IV (AUG 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

[X] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging…